2016 Oklahoma Statutes
Title 19. Counties and County Officers
§19-215.31. Retirement and pensions - Staff and other personnel salaries - Leave time payments.

A. Officers and employees in counties with a retirement system who are presently enrolled in the county retirement system may remain in such county system in lieu of enrolling in the Oklahoma Public Employees Retirement System. The state shall pay to the county retirement system the employer's contribution, not to exceed the amount which would be paid by the employer, if the employee was a member of the Oklahoma Public Employees Retirement System; however, effective July 1, 1981, all new employees of the district attorney's staff will belong to the Oklahoma Public Employees Retirement System, as required by Section 902(16) of Title 74 of the Oklahoma Statutes. All employees of the office of a district attorney shall serve at the pleasure of the district attorney.

Employees who did not elect to remain in the county retirement system by July 1, 1981, shall be enrolled in the Oklahoma Public Employees Retirement System and said employees must cease participation in said county retirement system. These employees shall further elect to have their county service transferred to the Oklahoma Public Employees Retirement System or withdraw their contributions from the county retirement system. This election to waive transfer of the county service shall be final. For those employees who elected to transfer their county service, the county retirement system shall transfer to the Oklahoma Public Employees Retirement System all funds contributed by the individual members and all funds contributed by the county for such members no later than September 30, 1981, and the county retirement system shall provide the Oklahoma Public Employees Retirement System a certified statement of service accrued on a fiscal year basis. Certification shall include annual salaries, individual contributions and county contributions for each transferred member.

B. Effective January 1, 1983, the entire salaries of all investigators, support staff or other employees of the offices of district attorneys and their operating and maintenance expenses shall be paid by the state; provided however, the salaries and operating expenses of those employees of the office of the district attorney who are assigned child support enforcement duties shall be paid with funds received as reimbursement from the Department of Human Services under terms of a contract with the office of the district attorney as authorized by Section 237.1 of Title 56 of the Oklahoma Statutes. The term "support staff" shall include all secretaries, clerks, receptionists, paralegals, legal assistants, law clerks, victim-witness coordinators and other office management personnel of the offices of district attorneys.

C. Effective January 1, 1983, the state will assume liability for payment to any officer or employee of the various district attorney offices for any earned and unused leave time accruing from and after January 1, 1983, and the state will also assume liability for payment of leave time to which such officers or employees shall be entitled which accrued prior to January 1, 1983, up to a maximum limit of fifteen (15) days prior leave time credit for each such officer or employee. The various respective counties shall remain liable for and shall pay to any such officer or employee entitled to such leave time payment any amount representing unused leave time credit in excess of the fifteen (15) days assumed by the state, to which such officer or employee shall be entitled, and which accrues or has accrued prior to January 1, 1983. At the written option of each individual officer or employee concerned, the portion of leave time credit accrued as of January 1, 1983, for which the counties are liable for payment, shall either be paid in a lump sum to said officer or employee, or be paid to the State Treasurer to be carried forward to the credit of such officer or employee, to be later paid upon termination of employment with the state, or when it should otherwise be lawfully paid. Whether paid to the State Treasurer to be carried forward, or paid to the individual officer or employee, such payment shall be made by the county. It shall be the duty of the district attorney to prepare and submit to each county concerned in his district an estimate of needs and budget request for appropriation of the amount needed to accomplish such payment, whether same is made to the individual officer or employee, or to the State Treasurer, and the respective county excise board shall approve, appropriate and levy for such budget item in the amount requested. The portion of accrued leave time not exceeding fifteen (15) days which is assumed by the state shall be carried forward, to be used or paid thereafter as provided by law.

D. The entitlement to accrued and unused leave time of each such officer and employee shall be determined as of January 1, 1983, by each district attorney for his own respective officers and employees. On or before January 10, 1983, a certificate of entitlement of such leave time will be furnished by each district attorney to the District Attorneys Council, and also to the county clerk of each county affected thereby, as the former payroll administrator of such employees. Leave records for all such officers and employees shall be continuously maintained thereafter by said Council, upon information furnished monthly by each district attorney for his own officers and employees. Local records thereof shall be kept upon each individual officer and employee in each district attorney office, the local record to be the primary and controlling record in case of any conflict of information between the Council and office of the district attorney. Such records shall be kept in the same manner as for other state offices, or as the Council may approve and direct.

E. The provisions of this act are based upon the usual allowance of leave time per year for full-time state officers and employees as provided for in Section 803 of Title 74 of the Oklahoma Statutes, as amended, and other related statutory authority governing the offices and positions in the unclassified service. In the case of those officers or employees working less than full time, such provisions and credits shall be apportioned on a pro rata basis according to the percentage time expended by a part-time officer or employee as compared to that expended by a full-time officer or employee.

Added by Laws 1982, c. 340, § 12, emerg. eff. June 2, 1982. Amended by Laws 1988, c. 109, § 7, eff. Nov. 1, 1988.